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HomeMy WebLinkAboutR05-140 special use permit for installation of two temporary masts for collection of weather data Commissioner moved adoption of the ollowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO, 2005 - -/!i.J2 APPROVAL OF A SPECIAL USE PERMIT FOR THE INSTALLLATION OF TWO TEMPORARY MASTS FOR COLLECTION OF WEATHER DATA File Nos, ZS-00129 WHEREAS, PVRT-WP LLC ("Applicant") did file an application with the Eagle County Department of Community Development on or about February 25,2005 for a Special Use Permit for the temporary installation of two, 165 foot tall temporary masts, each of which is fitted with two wind speed and direction sensors (anemometers) at the 90 foot level and the 150 foot level and additional temperature and pressure sensors located within the mast themselves. Near the bottom of one of the masts is a 36 inch by 12 inch by 12 inch data collection electronics unit that is fully contained in a weatherproof enclosure and powered by a small solar cell unit approximately 24 inches by 20 inches in area. This data collection unit gathers, processes and stores all the sensor measurement data from the anemometers and sensors located on the masts, and sends the stored data at regular intervals by commercial cellular phone modem service to remote computers. The stated purpose for the masts and related anemometers and sensors is to collect data regarding the wind and weather patterns on the property to determine the nature and most beneficial use of the property; and WHEREAS, the initial application would have allowed the masts to remain in place until October 31, 2005, but the Applicant has learned that the data collection process was significantly compromised by a lightning strike in June 2005 which severely damaged the equipment. The application has been amended to allow the masts to remain in place and continue the data collection for another full year, until October 31, 2006, with the masts to be removed no later than 15 November 2006, weather permitting; and 1 WHEREAS, notice of the Special Use Permit application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, at its public hearing held on August 3 and November 16,2005, the Eagle County Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on December 6, 2005; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Eagle County Planning Commission, and comments from all interested parties, and with the modifications imposed by the conditions hereinafter described, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board") finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. The Board has considered Eagle County Land Use Regulations, Section 5-250.B., Standards for the review of a Special Use Permit, and finds as follows: 1. Consistent with Master Plan, The proposed Special Use is appropriate for its proposed location and is consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. 2. Compatibility, The proposed Special Use is appropriate for its proposed location and is compatible with the character of surrounding land uses. 3. Zone District Standards, The proposed Special Use does meet the standards of the zone district in which it is located, and does meet the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses. 4. Design Jlfinimizes Adverse Impact. The design of the proposed Special Use does minimize adverse impacts, including visual impact of the 2 proposed use on adjacent lands; furthermore, the proposed Special Use does avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. 5. Design Minimizes Environmental Impact. The proposed Special Use does minimize environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. 6. Impact on Public Facilities. The proposed Special Use is adequately served by public facilities and services, including roads, pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical services. 7. Site Development Standards, The proposed Special Use does comply with the appropriate standards in Article 4, Site Development Standards. 8. Other Provisions, The proposed Special Use does comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application ofPVRT-WP LLC, File No. ZS-00129, for a Special Use Permit for the temporary installation oftwo, 165 foot tall temporary masts, each of which is fitted with two wind speed and direction sensors (anemometers) and additional temperature and pressure sensors in the Resource Zone District described herein, be and is hereby approved, subject to the conditions as set forth herein. A copy of the Legal Description and Vicinity Map are attached as Exhibit "A" and Exhibit "B", respectively, and incorporated by reference into these findings. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation ofthe Special Use Permit: 1. The temporary masts shall be removed by the Applicant no later than November 15, 2006, weather permitting. 2. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. 3 THA T, the Diagram of Mast with Guys and Anchors, attached hereto as Exhibit "c" be and is hereby approved; THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County commissio~he County of Eagle, State of Colorado, at its regular meeting held the ~day of ~/] 2005, nunc pro tunc to the 6th day of December 2005. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Teak J. Si nton Clerk to the Board of County Commissioners Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote \\1, s as follows: Commissioner Arn M. Menconi ~ Commissioner Peter F. Runyon Commissioner Tom C. Stone ?lo This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 . . .; , Order Number: 98017215B LEGAL DESCRIPTION Township 2 South, Range 83 We.t of the Sixth Principal Xeddi_ Section 31. All, Bxcept Lot 5 and the HOl"the..t Qu.l"tel" of the HOl"thwe.t; Qual"tel" and NOl"th ODe-Half of the NOl"the..t Qu.r:tel" SectioD 32. All, Bxcept the BOl"th..,..t Quarter of the Northwe.t Quarter CO'D'N'1'Y or BAGLB S'1'ATB or COLORADO. Exhibit "A" " "'--~-""""'''-'~-'~''-'~'''---' .~~- .- -,- , , ' v :'1!!11 - .' - - ... J-73 . J~tC""; ..-~'7:. --;:/ -. sr;.. - .... 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'OuWAncllol(S) 11m1O~~,..., ,. lD S5IIi ilpIlDnII ___.......Ouler Anchlll(S) S3m1035m ~-- 33mlD 3Sm Figure 1: Diagram of mast with guys and anchors Exhibit "Clt 10 50-meter WindMastâ„¢